HomeMy WebLinkAbout2015-09-02; Planning Commission; Resolution 7122
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP,
HILLSIDE DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PLAN
PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-
FAMILY HOME AND THE GRADING AND SUBDIVISION OF A 4.94-ACRE
PARCEL INTO EIGHT (8) SINGLE-FAMILY LOTS, ONE (1) OPEN SPACE LOT
AND ONE (1) DETENTION BASIN LOT. THE PROPOSAL ALSO INVOLVES
THE EXTENSION OF AFTON WAY, A PUBLIC ROAD. THE PROPERTY IS
ADDRESSED AS 2200 AFTON WAY AND IS LOCATED WITHIN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 1.
CASE NAME: AFTON WAY
CASE NO.: CT 14-06/HDP 14-05/HMP 15-03
WHEREAS, Presidio Mana Carlsbad 9, LLC, “Applicant/Owner” has filed a verified
application with the City of Carlsbad regarding properties described as:
Portions of Lots 1 thru 4 of Carlsbad Tract No. 83-20 according to map
thereof No. 11578, together with Lot 6, a portion of Lot 5 and a
portion of the northwest quarter of the southwest quarter of Section
32, Township 11 South, Range 4 West, San Bernardino Meridian, all in
the city of Carlsbad, county of San Diego, state of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Hillside Development Permit and Habitat Management Plan Permit as shown on Exhibits “A - I”, dated
September 2, 2015, on file in the Planning Division, AFTON WAY – CT 14-06/HDP 14-05/HMP 15-03, as
provided by Title 20 and Chapters 21.95 and 21.210 of Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 2, 2015, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7122
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B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES CT 14-06/HDP 14-05/HMP 15-03 – AFTON WAY based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map, CT 14-06
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map
Act, and will not cause serious public health problems, in that the proposed tentative tract map
for eight (8) single-family lots, one (1) open space lot and one (1) detention basin implements
the goals and policies of the General Plan as discussed in the staff report; is consistent with all
minimum requirements of Title 20 and 21 governing lot size and configuration; and has been
designed to comply with all applicable City regulations.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan with
comparable densities.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed,
in that all required development standards and design criteria required by the applicable
zoning ordinances are incorporated into the project without the need for variances from
development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the lots are oriented to allow for
solar exposure and take advantage of prevailing breezes.
7. That the Planning Commission has considered, in connection with the housing which will
ultimately be developed as a result of the proposed subdivision, that the housing needs of the
region, and balanced those housing needs against the public service needs of the City and
available fiscal and environmental resources.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the project applicant is required to pay in-lieu mitigation fees for the removal of 0.18
acres of (0.5:1 ratio) and 0.91 acres of eucalyptus woodland (1:1 ratio).
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City’s sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
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10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
September 2, 2015 including, but not limited to the following:
a. Land Use – The General Plan Land Use designation for the project site is Residential, Low -
Medium Density (RLM). The RLM designation allows for low to medium density
residential development at 0 to 4 du/ac with a GMCP of 3.2 du/ac; which is used also for
the purposes of calculating the city’s compliance with Government Code §65584. The
project site has a net developable acreage of 4.21 acres allowing for 13.47 dwelling units
to be developed at the GMCP. Given the required minimum lot size of 10,000 square feet,
as well as and the constraints on the site, a total of 8 single-family residential parcels with
an overall density of 1.9 du/ac can be accommodated, which is 5.47 units below the
GMCP. Pursuant to Government Code §65863, the City may not reduce the residential
density on any parcel below that which was used by the California Department of Housing
and Community Development in determining compliance with Housing Element law,
unless the City makes findings that the reduction of residential density is consistent with
the adopted General Plan, including the Housing Element; and that the remaining sites
identified in the Housing Element are adequate to accommodate the city’s share of the
regional housing need pursuant to Government Code §65584.
The project is consistent with the City’s General Plan since the proposed density of 1.9
du/ac is within the RLM density range of 0 to 4 du/ac as specified for the site. The
project’s proposed density of 1.9 du/ac is below the GMCP density (3.2 du/ac) used for
the purposes of calculating the city’s compliance with Government Code §65584.
However, consistent with Program 3.2 of the city’s Certified Housing Element, all of the
dwelling units which were anticipated toward achieving the city’s share of the regional
housing need that are not utilized by developers in approved projects are deposited into
the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for
allocation to other projects. Accordingly, there is no net loss of residential unit capacity
and there are adequate properties identified in the Housing Element allowing residential
development with a unit capacity adequate to satisfy the city’s share of the regional
housing need. Therefore, 5.47 dwelling units will be deposited into the city’s excess
dwelling unit bank.
b. Housing – The project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance in that the developer has been conditioned to enter into
an Affordable Housing Agreement to construct one (1) second dwelling unit on-site.
c. Circulation – The proposed project includes the extension of Afton Way, which currently
terminates approximately 170 feet from the intersection with Celinda Drive to the east.
As part of the proposed project, Afton Way will be extended an additional 175 feet to the
west and will terminate at a proposed cul-de-sac. Afton Way is currently improved with a
curb and gutter on both sides and a sidewalk on the south side. The proposed extension
of Afton Way includes a curb, gutter and a sidewalk on both sides and around the
perimeter of the cul-de-sac. The circulation system has been designed in conformance
with Land Development Engineering Division and Fire Department design standards and
complies with all other applicable City design standards.
d. Noise – The project site is impacted by noise from traffic on Carlsbad Village Drive.
Pursuant to a site-specific Noise Study prepared by Dudek, dated March 4, 2015, with the
incorporation of a six (6) foot- tall sound wall around the northern perimeter of Lots 7 and
8 (at the top of the slope) into the grading design, the project will comply with the
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exterior noise standard of 60 dB(A). In addition, to ensure the future residential units
comply with the interior noise standard of 45 dB(A) CNEL, the project is conditioned to
complete an interior noise study for Lots 7 and 8 prior to the issuance of the building
permits for the homes.
e. Public Safety – The project is required to install fire hydrants and a turn-around area at the
terminus of the driveway for Lot 3, consistent with Fire Department regulations.
f. Open Space and Conservation - The project applicant is required to pay in-lieu mitigation
fees for the removal of 0.18 acres of disturbed, unoccupied Diegan coastal sage scrub,
1.27 acres of non-native grassland and 0.91 acres of eucalyptus woodland. In addition, an
open space easement will be recorded over Lot 10 which will preclude future
development on this parcel.
11. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the site will be provided by an
extension of Afton Way, which will be improved with a curb, gutter and sidewalk around the
perimeter of the cul-de-sac. Access to proposed Lots 2, 3 and 7 will be provided by
panhandles which meet the minimum standards pursuant to CMC Chapter 21.06. The
proposed project will generate a total of 70 net new Average Daily Trips (ADTs) for the new
single-family homes. In addition, the proposed project would not result in any significant
capacity-related impacts to any road segments or intersections in the vicinity of the project
site.
Hillside Development Permit, HDP 14-05
12. That hillside conditions and undevelopable areas of the site have been properly identified on
the constraints map, including the existing floodway, sensitive habitat, existing and proposed
topographical contours and slope gradients.
13. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the grading proposed in conjunction with the
creation of the subdivision results in a total of 17,000 cubic yards of cut and 6,900 cubic yards
of fill. Therefore, a total of 10,100 cubic yards is proposed to be exported from the site. Due
to the sloped nature of the property, a mixture of 2:1 cut and fill slopes are proposed to
create each of the building pads. To support several of the cut slopes and to accommodate
flat building pads, retaining walls up to five (5) feet in height are proposed at the base of the
cut slopes. In addition, a series of tiered retaining walls up to eight (8) feet in height are
proposed on Lot 9 which will be developed with the detention basin. Landscaping is proposed
at the base of the walls to screen the views of the walls from Carlsbad Village Drive. The
grading design is consistent with the intent of the Hillside Ordinance, Carlsbad Municipal
Code (CMC) Chapter 21.95, since the proposal includes 2:1 (minimum) slopes which will be
contour graded, where practicable. In addition, the slopes do not exceed a height of 40 feet
and the proposed quantity of grading, 5,059 cubic yards per acre, falls within the “acceptable”
range, 0-7,999 cubic yards per acre
. . .
. . .
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14. That the alteration of natural hillsides will be done in an environmentally sensitive manner
whereby lagoons and riparian ecosystems will be protected from increased erosion and no
substantial impacts to natural resource areas, wildlife habitats or native vegetation will occur in
that the project applicant is required to pay in-lieu mitigation fees for the removal of 0.18
acres of disturbed, unoccupied Diegan coastal sage scrub (1:1 ratio), 1.27 acres of non-native
grassland (0.5:1 ratio) and 0.91 acres of eucalyptus woodland (1:1 ratio).
15. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the manufactured slopes will have varying
gradients, will be contour-graded, and will be landscaped pursuant to the City’s Landscape
Manual and Habitat Management Plan. The combined effect will soften the appearance of the
graded slopes.
Habitat Management Plan Permit, HMP 15-03
16. That APNs 167-531-45 and 167-250-06 of the Afton Way project are shown in Figure 28 of the
approved HMP as a “Development Areas.”
17. That authorization to impact sensitive habitats through the removal of 0.18 acres of disturbed,
unoccupied Diegan coastal sage scrub (Habitat Group D), 1.27 acres of non-native grassland
(Habitat Group E) and 0.91 acres of eucalyptus woodland (Habitat Group F) is subject to
continuous compliance with all provisions of the Habitat Management Plan for Natural
Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the
HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit,
and the Biological Opinion.
18. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
19. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities
related to construction of the Afton Way project.
20. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, 0.18
acres of disturbed, unoccupied Diegan coastal sage scrub (Habitat Group D), 1.27 acres of non-
native grassland (Habitat Group E) and 0.91 acres of eucalyptus woodland (Habitat Group F)
will be removed and mitigated through the payment of an in-lieu mitigation fee as required
pursuant to the HMP. In addition, mitigation measures have been included which prevent
negative effects on the adjacent sensitive habitat which include: erosion control; landscaping;
fencing, signage, and lighting; and predator and exotic species control.
21. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
22. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
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23. That the City Planner is authorized to sign the Take Permit.
24. The Planning Commission hereby finds that all development in Carlsbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
City’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan.
California Environmental Quality Act:
25. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
General
26. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
27. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established
by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public facilities and will mitigate any
cumulative impacts created by the project.
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28. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
29. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards.
30. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
31. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of the
Final Map.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Tentative
Tract Map, Hillside Development Permit and Habitat Management Plan Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Hillside Development Permit and Habitat
Management Plan Permit documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as shown
on the approved Exhibits. Any proposed development, different from this approval, shall
require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Tentative Tract Map, Hillside Development Permit
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and Habitat Management Plan Permit, (b) City’s approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated herein,
and (c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City’s approval is not
validated.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the
Tentative Map reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This tentative map shall expire two years from the date on which the Planning Commission
voted to approve this application.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy. A note to this effect shall be placed on
the Final Map.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
14. The first submittal of the Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
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15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the
Community and Economic Department.
16. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit by
Resolution No. 7122 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
17. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final map approval. Prior to issuance of a building permit, the Developer shall provide
the Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the “Common Area Lots and/or the Association’s
Easements” as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
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Easements. The City shall provide a copy of such invoice to each Owner in the Project,
together with a statement that if the Association fails to pay such invoice in full within
the time specified, the City will pursue collection against the Owners in the Project
pursuant to the provisions of this Section. Said invoice shall be due and payable by the
Association within twenty (20) days of receipt by the Association. If the Association
shall fail to pay such invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an amount equal to six
percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and remedies
available to the City, the City may levy a special assessment against the Owners of each
Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing lien
upon each Lot against which the special assessment is levied. Each Owner in the Project
hereby vests the City with the right and power to levy such special assessment, to
impose a lien upon their respective Lot and to bring all legal actions and/or to pursue
lien foreclosure procedures against any Owner and his/her respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth in
Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit_________.
18. Prior to recordation of the final map, the Developer shall prepare and record a Notice that this
property may be subject to noise impacts from the proposed or existing Transportation
Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise
Form #1 on file in the Planning Division).
19. Prior to the approval of the final map for any phase of this project, the Developer shall enter
into an Affordable Housing Agreement with the City to provide one (1) onsite affordable
second dwelling unit on either Lot 3, 7, or 8, in accordance with the requirements and process
set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior to the request to
final the map. The recorded Affordable Housing Agreement shall specify the lot number and
shall be binding on all future owners and successors in interest.
20. Prior to the issuance of building permits for the single-family homes which will be developed
on Lots 7 and 8 as shown on Exhibits “A – I”, an interior noise analysis shall be completed to
ensure that the homes comply with the interior noise standard of 45 dB(A). The applicant
shall submit a certification from the noise consultant and the architect that the project meets
the 45 dB(A) noise standard, to the satisfaction of the City Planner.
21. As depicted on Exhibits “A – I”, a six (6) foot tall noise wall is required around the northern
perimeter of Lots 7 and 8 (at the top of the slope). The noise wall shall be constructed as part
of the grading and shall have a decorative finish to the satisfaction of the City Planner. In
addition, the specifications of the noise wall shall comply with the recommendations in the
Acoustical Assessment prepared by Dudek dated March 14, 2015.
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22. This project has been found to result in impacts to wildlife habitat or other lands, specifically,
0.18 acres of disturbed, unoccupied Diegan coastal sage scrub (Habitat Group D), 1.27 acres of
non-native grassland (Habitat Group E) and 0.91 acres of eucalyptus woodland (Habitat Group
F), which provide some benefits to wildlife, as documented in the City’s Habitat Management
Plan and the environmental analysis for this project. Developer is aware that the City has
adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan
and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories
of vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer’s successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be
consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void.
23. Prior to the removal or damage of any active nests or any tree pruning or removal operations
during the prime nesting season, that being from March 15 to May 30, a certified biologist
shall survey the trees to determine if there are any active nests within 500 feet of the area of
tree removal or pruning. If any active nests are located within 500 feet, no tree pruning or
removal operations can occur until the nests are vacated or until the end of the prime
breeding season, whichever occurs later.
In addition, prior to any tree removal or pruning operations proposed outside of the prime
nesting season but within the period of February 15 to August 31, a confirmation is required
from a certified biologist that no disturbance to active nests or nesting activities would occur.
Documentation from the certified biologist consistent with these requirements shall be
submitted to the City Planner for review and approval. A note to this effect shall be placed on
the construction or grading plans.
24. Developer shall dedicate, on the final map, an open space easement on Lot 10 which includes
slopes and a slope easement adjacent to Carlsbad Village Drive, to prohibit any encroachment
or development, including but not limited to structures (primary or accessory), fences, walls,
decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits “A” –
“I”.
25. Removal of ornamental or native vegetation on the Lot 10 is specifically prohibited, except
upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the City Planner, and based upon a request from the Homeowners
Association accompanied by a report from a qualified arborist/botanist indicating the need to
remove specified trees and/or plants because of disease or impending danger to adjacent
habitable dwelling units. For areas containing native vegetation, the report required to
accompany the request shall be prepared by a qualified biologist.
26. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
an Outdoor Storage Plan, and thereafter comply with the approved plan.
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Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a parcel map, grading permit or building
permit, whichever comes first.
General
27. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
28. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
29. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed by the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
30. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private driveways, utilities,
landscaping, walls, water quality treatment measures, low impact development features and
storm drain facilities located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within this subdivision.
31. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
32. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
33. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to
the city engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
Fees/Agreements
34. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
35. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement. The Agreement shall
include language requiring the property owner of Parcel 1 of CT 14-06 to accept, in
perpetuity, the concentrated drainage flowing from the drainage ditch at the westerly end of
3221 Celinda Drive (Lot 3 of CT 83-20) onto Parcel 1 of CT 14-06.
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36. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Panhandle Lot Hold Harmless Agreement.
37. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
38. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement for the portion of proposed drainage facilities
between the right-of-way and clean out located over existing public right-of-way in Carlsbad
Village Drive as shown on the tentative map. Developer shall pay processing fees per the city’s
latest fee schedule.
39. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
40. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Street Tree Maintenance Agreement.
Grading
41. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
42. Supplemental grading plans are required for precise grading associated with this project. Prior
to the issuance of building permits on each lot, the developer shall prepare, and submit for
approval, grading plans for the precise grading of each lot.
43. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, and likely affect the design of this project. Prior to construction, Developer
shall demonstrate compliance with latest storm water requirements to the satisfaction of the
city engineer.
44. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
45. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of
a Notice of Intent from the State Water Resources Control Board.
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46. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP).
The TIER 3 SWPPP shall comply with current requirements and provisions established by the
San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
47. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
The preliminary SWMP on file with the city is for reference only. The final SWMP required by
this condition and all supporting studies shall be reviewed and approved by the city engineer
with final grading plans.
48. Developer acknowledges hydromodification (runoff reduction) requirements impact how project
treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis
to reduce the amount of post-development run-off by mimicking the natural hydrologic function
of the site, preserving natural open-spaces and natural drainage channels, minimizing use of
new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During
final design, developer shall demonstrate compliance with storm water requirements to the
satisfaction of the city engineer.
49. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
50. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
51. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with the Hydromodification requirements per the city’s SUSMP, latest
version. Documentation shall be included within the Storm Water Management Plan (SWMP).
The Storm Water Management Plan (SWMP) and all supporting studies, including but not
limited to, the geotechnical studies and continuous simulation hydrologic analysis for
Hydromodification Management Plan (HMP) mitigation requirements, may be subject to third
party review at the discretion of the city engineer. Fees for said review shall be charged per
the city’s current City of Carlsbad Development Fee Schedule.
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Dedications/Improvements
52. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage and reciprocal driveway access purposes as shown on the
tentative map. Developer shall record said covenants of easements on the map or by separate
instrument. If by separate instrument, Developer shall pay processing fees per the city’s latest
fee schedule.
53. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or
other appropriate entities for drainage and for storm water quality access and maintenance
purposes as shown on the tentative map. The offer shall be made by a certificate on the final
map. All land so offered shall be free and clear of all liens and encumbrances and without cost
to the city. Additional easements may be required at final design to the satisfaction of the city
engineer. Said offer shall be rejected by the city engineer but remain open for future
acceptance.
54. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street, public utility and emergency access purposes as shown on the tentative map.
The offer shall be made by a certificate on the final map. All land so offered shall be free and
clear of all liens and encumbrances and without cost to the city. Streets that are already public
are not required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
55. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
56. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
a. Full street improvements to the extension of Afton Way, including, but not limited to
curb, gutter sidewalk, driveway approaches, street pavement and base, street light,
sewer, water and storm drain facilities.
b. Transitional storm drain, curb, gutter, sidewalk and pavement in the exiting portion of
Afton Way.
c. Trench resurfacing and curb gutter and sidewalk replacement in Carlsbad Village Drive
for proposed placement of overhead utilities underground.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
57. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
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58. Developer shall cause owner to waive direct access rights on the final map for all lots, including
the open space lot, abutting Carlsbad Village Drive.
59. Prior to issuance of building permits, developer shall underground all existing overhead utilities
within the subdivision boundary.
Non-Mapping Notes
60. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
i. Full street improvements to the extension of Afton Way, including, but not limited
to curb, gutter sidewalk, driveway approaches, street pavement and base, street
light, sewer, water and storm drain facilities.
ii. Transitional storm drain, curb, gutter, sidewalk and pavement in the exiting
portion of Afton Way.
iii. Trench resurfacing and curb gutter and sidewalk replacement in Carlsbad Village
Drive for proposed placement of overhead utilities underground.
b. This subdivision contains a remainder parcel which is encumbered by an open space
easement (Document No. 2015-0417797). Pursuant to the open space easement, the
remainder parcel shall not be used for any other purpose other than open space.
c. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
d. Geotechnical Caution:
i. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
ii. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that
may arise through any geological failure, ground water seepage or land subsidence
and subsequent damage that may occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance.
e. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
f. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
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Utilities
61. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
62. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
63. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
64. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
65. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
66. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
67. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative map to the satisfaction of the district engineer and city
engineer.
68. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders:
69. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
70. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
71. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
72. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
73. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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74. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
75. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
76. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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